Indefinite Leave To Remain - Long Residence

[shrivast77]

I visited PEO Croydon yesterday to get my ILR on the basis of long residence (10 years) in the UK. During the application checking process on the ground floor, the officer told me that I do not qualify for ILR because I once submitted extension application out of time. He told me that when my leave expired on 31st January 2001, I didnt apply for further leave until 10th February 2001. They further told me that I personally applied for leave at PEO Croydon on 10th February 2001.

Now, I clearly remember ever going to PEO Croydon only twice throughout my stay here in the UK, once in NOvember 2001 and second time in March 2002. Regarding extension of February 2001, I have the letter from the caseworker who approved my application, which I received in the post. This clearly suggests that the application was sent through the post. Furthermore, the caseworker's address in the letter is Block C, Whitgift Centre and not Lunar House. BIA computer says that I personaly applied on 10th February. I clearly remember sending the application through the post in January, which is proved by the fact that I have the letter from the caseworker.

I am not sure what should I do in this situation and wondering if someone can advice or help? If I send the application in post would they be looking at the paper file or will they just make their decision on the basis of what is shown on the database?

Many thanks in advance for the help.

[John]

I have the letter from the caseworker who approved my application, which I received in the post. This clearly suggests that the application was sent through the post.

Not necessarily. You could have applied in person, but they might have decided that they could not deal with it on a same-day basis, so forwarded it to a caseworker.

Suggest you get a SAR .... Subject Access Report ... probably a good investment of the £10 fee for that. Then see what that says before deciding what to do next.

[vinny]

As John suggested, apply for your SAR file.

[shrivast77]

Even if their system said I applied personally on 10th Feb and stamp on my passport and letter from caseworker in different office says 10th Feb?

[vinny]

Then see what that says before deciding what to do next.

[vitalik]

hey shrivast77,

what about postage receipts or the letter they first send you to let you know that they received your application, do you have them ???

and definitely do that Subject Access Request and ask them about all the info they hold on you because they might have some postroom records, which i saw in my case.

i m actually pissing my-self coz i might have the same problem, but only one day, my visa expired once on 28 Feb and their computor says the application raised on 29 Feb but i do have the postage receipt showing that i posted on 28 of Feb so i think the date of postage is what matters.

but i also have a large gaps due to their consideration and i hope this will not affect it because it is their fault.

i also ordered that SAB request and about one application there is no record as to when they received it !!! funny, hope they will give me the benefit of doubt. may be those stupid muppets lost it, or didnt copy it, coz the part of my SAB that was drawn from computor records is in real mess, have impression that they didnt want to bother copying all those pc records on to paper and sending to me. i understand the whole bunch is huge about 150 pages but still, flipping egg.....

anybody any comments, please ???????

[William Blake]

Well I think yes SAR and get any evidence to support the date.


My ILR applic was refused because of gap and claimed late application. Regarding late application I wrote in for reconsideration pointed out that its the date of posting that matters. Supplied the recorded delivery slip, home office letter. The caseworkers exact words:

"I do not find your client's excuses for applying out of time valid."

But this was for reconsideration from which they seem to seldom ever change their mind or contradict themselves. If you put it right before submitting the application then hopefully common sense will prevail.

By the way what can you do about something like that where you make clear the facts and they continue to go according to the wrong information. Can you force them to amend your file?

hey shrivast77,

coz the part of my SAB that was drawn from computor records is in real mess, have impression that they didnt want to bother copying all those pc records on to paper and sending to me. i understand the whole bunch is huge about 150 pages but still, flipping egg.....

anybody any comments, please ???????

Upon making a request and paying the fee to the Home Office, an individual is entitled to:

(a) be told whether we process (i.e. have) that individual’s personal data.

(b) be provided with a description of the personal data, the purposes for which that personal data are processed, and the recipients or classes of recipients to whom those data are or may be disclosed.

(c) have communicated in an intelligible form:

(i) the information that constitutes those personal data.
(ii) any information available to us about the source of those data. (d) be informed of the logic involved in any automated decision taking (there is no automated decision making in the Border and Immigration Agency therefore this is unlikely to be an issue).

[vitalik]

Hey Wiliam Blake

could you please tell me, so what happened to your applicaiton eventually, did you go to court, appeal, or whatver, did you get it? and how, please ?

coz i have a similar problem, i mailed my applic on 28 Feb, visa exp was 28 Feb, they received it 29 Feb, HO pc records show as valid, i have receipts and compassionate circumstances = my college was in financial difficulities and they were taken off the DFES register so i had to change it suddenly and unexpectedly. but it is true it is the date of postage that matters !!! ??

[William Blake]

It is the date of posting that counts:


http://www.ukba.homeoffice.gov.uk/polic ... les/part1/

Determination of the date of an application or claim (or variation of an application or claim) in connection with immigration
34G.For the purposes of these rules, the date on which an application or claim (or a variation in accordance with paragraph 34E) is made is as follows:

(i) where the application form is sent by post, the date of posting, (ii) where the application form is submitted in person, the date on which it is accepted by a public enquiry office of the Border and Immigration Agency of the Home Office,

(iii) where the application form is sent by courier, the date on which it is delivered to the Border and Immigration Agency of the Home Office, or

(iv) where the application form is submitted online, the date on which it is so submitted.

[global gypsy]

Suggest you get a SAR .... Subject Access Report ... probably a good investment of the £10 fee for that. Then see what that says before deciding what to do next.

Can someone here outline what type of information is contained in a SAR?
Home Office document states: "Individuals seeking information about their immigration records should make their request by writing to:" etc.

If someone here has recd a SAR, could you please share what items of info are included in the report. Thank you.

Also, is it a good idea to keep a recent copy of SAR wiht you when going to HO for, say, an ILR interview?

[chuggletops]

A response to a Subject Access Request is basically a copy of your Home Office file and any computer records.
Certain information is witheld, such as contact information for officers who have dealt with your case.
It should contain all correspondence and any notes placed on your file.

As to your application - it is the date on which you posted it that matters and not the date on which it was received or logged on to the Home Office systems.
However, the category that you applied under requires that you should have ten years continuous lawful residence. Since there was a gap of ten days between your leave expiring and you submitting your application you would not qualify under a strict interpretation of the rules because you were not living here lawfully during that time.

[global gypsy]

As John suggested, apply for your SAR file.

The SAR document mentions the following:
Individuals seeking information about their immigration records should make their request by writing to:
The Data Protection Unit
Lunar House
40 Wellesley Rd
Croydon CR9 2BY
They should enclose a cheque or postal order for £10 made payable to “The Accounting Officer – Home Officeâ€

[William Blake]

Name
Nationality:
DOB:
Home Office Reference Number:
Your Address
Date.

The Data Protection Unit
Lunar House
40 Wellesley Rd
Croydon
CR9 2BY

Data Protection Act 1998 - Subject Access Request.

Dear Sir or Madam:

"I would be grateful if you could disclose the entire contents of my file. I enclose payment for £10".

Sincerely,

---------------------
Name & signature

------------------------------------

· You only need to provide information that allows them to access your information
· You do not have to give them any explanation as to why you make this request
· There are no residency requirements for making the request
· If you want specific correspondence between yourself and the immigration service to be supplied eg. a letter you sent in or one they sent to you, you should specify this giving them the details for them to be able to locate the correspondence.
· Keep your national insurance number to yourself in this instance.
· Use recorded delivery so you can keep track of the 40 days.
. Make cheque / postal order payable to “The Accounting Officer – Home Officeâ€

[global gypsy]

Thank you, that's very helpful.

[sunnyday]

I visited PEO Croydon yesterday to get my ILR on the basis of long residence (10 years) in the UK. During the application checking process on the ground floor, the officer told me that I do not qualify for ILR because I once submitted extension application out of time. He told me that when my leave expired on 31st January 2001, I didnt apply for further leave until 10th February 2001. They further told me that I personally applied for leave at PEO Croydon on 10th February 2001.

Now, I clearly remember ever going to PEO Croydon only twice throughout my stay here in the UK, once in NOvember 2001 and second time in March 2002. Regarding extension of February 2001, I have the letter from the caseworker who approved my application, which I received in the post. This clearly suggests that the application was sent through the post. Furthermore, the caseworker's address in the letter is Block C, Whitgift Centre and not Lunar House. BIA computer says that I personaly applied on 10th February. I clearly remember sending the application through the post in January, which is proved by the fact that I have the letter from the caseworker.

I am not sure what should I do in this situation and wondering if someone can advice or help? If I send the application in post would they be looking at the paper file or will they just make their decision on the basis of what is shown on the database?

Many thanks in advance for the help.

Hi Did they still charge your application fee at the PEO? and did they actually refuse you?